Wheeler v. Payless Towing et al

Filing 12

ORDER Striking 11 Objections to Findings and Recommendations, signed by District Judge Lawrence J. O'Neill on 5/14/12. (Verduzco, M)

1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF CALIFORNIA

3
JOHN FREDERICK WHEELER,

CASE NO. 1:09-cv-01829-LJO-SMS

4
Plaintiff,
5

ORDER STRIKING OBJECTIONS TO
FINDINGS AND RECOMMENDATIONS

v.
6
PAYLESS TOWING, et al.,
7
Defendants.
8

(Doc. 11)
/

9
On October 10, 2009, Plaintiff John Frederick Wheeler, proceeding pro se and in forma
10
pauperis, filed a civil rights action pursuant to 42 U.S.C. § 1983 and California law, arising from
11
an allegedly wrongful repossession of an automobile. On January 11, 2010, the Magistrate Judge
12
entered findings and recommendations recommending dismissal. The Magistrate Judge
13
explained that, because Defendants were not state actors, Plaintiff could not maintain a case
14
pursuant to Section 1983, and that, in the absence of a federal claim, this Court could not
15
exercise pendant jurisdiction over Plaintiff’s state claims. The findings and recommendations
16
permitted Plaintiff to file objections within thirty days. Plaintiff filed objections on February 10,
17
2010. On February 11, 2010, the District Court adopted in full the findings and
18
recommendations and dismissed the case.
19
On May 10, 2012, Plaintiff again filed objections to the findings and recommendations,
20
arguing that the case was meritorious. Doc. 11. Judgment dismissing the case was entered over
21
two years ago. Because Plaintiff failed to take timely action to appeal the case or to move for
22
reconsideration, the objections are moot.
23
Accordingly, the Court HEREBY STRIKES Plaintiff’s Objections to Findings and
24
Recommendations, filed May 10, 2012, as Document 11.
25
26
IT IS SO ORDERED.
27
28

Dated:
b9ed48

May 14, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE